PROTOCOLE FINAL.
Les Plénipotentiaires:
- d’Allemagne, Son Excellence M. A. Mumm von Schwarzenstein;
- d’Autriche-Hongrie, Son Excellence M. Czikann von Wahlborn;
- de Belgique, Son Excellence M. Joostens;
- d’Espagne, Son Excellence M. B. J. de Cologan;
- des Etats-Unis d’Amérique, Son Excellence M. W. W.
Rockhill;
- de France, Son Excellence M. Paul Beau;
- de Grande Bretagne, Son Excellence Sir Ernest Satow;
- d’Italie, Son Excellence le Marquis Salvago Raggi;
- du Japon, Son Excellence M. Jutaro Komura;
- des Pays-Bas, Son Excellence M. F. M. Knobel;
- de Russie, Son Excellence M. M. de Giers; et
- de Chine, Son Altesse Yi-K’uang Prince du premier rang K’ing,
Président du Ministère des Affaires Étrangeres et Son Excellence Li
Hong-tchang, Comte du premier rang, Sou-yi, Tuteur de l’Héritier
Présomptif, Grand Secrétaire du Wen-houa-tien, Ministre du commerce,
Surintendant des ports du nord, Gouverneur-Général du Tcheli;
se sont réunis pour constater que la Chine s’est conformée, à la satisfaction
des Puissances, aux conditions énumerées dans la note du 22 Décembre 1900 et
qui ont été acceptées dans leur entier par Sa Majesté l’Empereur de Chine
par un décret en date du 27 Décembre 1900 (annexea No.
1).
Article Ia.
Par un Edit Impérial du 9 Juin dernier (annexe No. 2), Tsai-Feng, Prince du
premier rang Tch’oun, a été nommé Ambassadeur de Sa Majesté l’Empereur de
Chine et a été chargé en cette qualité de porter a Sa Majesté l’Empereur
d’Allemagne l’expression des regrets de Sa Majesté l’Empereur de Chine et du
Gouvernement chinois au sujet de l’assassinat de feu Son Excellence le Baron
von Ketteler, Ministre d’Allemagne.
Le Prince Tch’oun a quitté Pékin le 12 Juillet dernier pour exécuter les
ordres qui lui ont été donnés.
Article I.b.
Le Gouvernement chinois a déclaré quil érigera sur le lieu de l’assassinat de
feu Son Excellence le Baron von Ketteler un monument commémoratif, digne du
rang du défunt et portant une inscription en
[Page 307]
langues latine, allemande et chinoise qui exprimera
les regrets de Sa Majesté l’Empereur de Chine à propos du meurtre
commis.
Leurs Excellences les Plénipotentiaires chinois ont fait savoir à Son
Excellence le Plénipotentiaire d’Allemagne, par une letter en date du 22
Juillet dernier (annexe No. 3), qu’un portique de toute la largeur de la rue
est érigé sur le dit lieu et que les travaux ont commencé le 25 Juin
dernier.
Article IIa.
Les Edits Impériaux en date des 13 et 21 Février 1901 (annexes Nos. 4, 5 et
é) ont infligé les peines suivantes aux principaux auteurs des attentats et
des crimes commis contre les Gouvernements étrangers et leurs nationaux:
Tsai-Yi Prince Touan, et Tsai-Lan Due Fou-Kouo, ont éié traduits pour être
exécutés devant la Cour d’assises d’automme, et il a été stipulé que si
l’Empereur croit devoir leur faire grâce de la vie, ils seront exilés au
Turkestan et y seront emprisonnés à perpetuité, sans que cette peine puisse
jamais être commuée.
Tsai-Hiun, Prince Tchouang, Ying-Nien, Président de la Cour des censeurs, et
Tchao Chou-K’iao, Président au Ministère de la justice, ont été condamnès à
se donner la mort.
Yu-Hien, Gouverneur du Chansi, K’i-Sieou, Président au Ministère des rites,
et Siu Tch’eng-yü, précédemment Directeurs de gauche au Ministère de la
justice, ont été condamnés à la peine de mort.
La dégradation posthume a été prononcée contre Kang-Yi, sous Grand-Secrétaire
d’Etat, Président au Ministère de I’Intérieur, Siu-T’ong, Grand-Secrétaire
d’Etat, et Li Ping-heng, ancien Gouverneur-Général du Sze-tch’ouan.
Un Edit Impérial du 13 Février 1901 (annexe No. 7) a réliabilité la mémoire
de Siu Yong-yi, Président au Ministère de la Guerre, Li-chan, Prèsident au
Ministère des Finances, Hiu King-tch’eng, Direc-teur de gauche au Ministère
de I’Intérieur, Lien-Yuan, vice-Chancelier au Grand-Secretariat, et
Yuan-tch’ang, Directeur à la Cours des Sacrifices, qui avient été mis à mort
pour avoir protesté contre les abominables violations du droit international
commises au cours de l’année dernière.
Le prince Tchouang s’est donné la mort le 21 Février 1901, Ying-Nien et Tchao
Chou-Kiao le 24, Yu-Hien a été execute le 22, enfin K’i-Hieou et Siu
Tch’eng-yu le 26.
Tong Fou-siang, Général au Kansou a été privé de ses fonctions par Edit
Impérial du 13 Février en attendant qu’il soit statué sur la peine
définitive à lui infliger.
Les Edits Impériaux du 29 Avril et 19 Août 1901 ont infligé des peines
graduellas aux fonctionnaires des provinces reconnus coupables des crimes et
attentats commis au cours de l’été dernier.
Article II.b
Un Edit Impérial promulgué le 19 Août 1901 (annexe No. 8) a ardonné la
suspension des examens officiels pendant cinq ans dans toutes les villes où
des étrangers ont été massacrés où ont subi des traitements cruels.
[Page 308]
Article III.
Afin d’accorder une réparation honorable pour l’assassinat de feu M.
Sougiyama, Chaneelier de la Légation du Japon, Sa Majesté l’Empereur de
Chine a, par un Edit Impérial du 18 Juin 1901 (annexe No. 9), désigné le
vice-prèsident au Ministère des finances Na-t’ong comme Envoyé
Extraordinaire et l’a chargé spécialement de porter à Sa Majesté l’Empereur
du Japon l’expression des regrets de Sa Majesté l’Empereur de Chine et de
son Gouvernement au sujet de l’assassinat de feu M. Sougiyama.
Article IV.
Le Gouvernement chinois s’est engagé à ériger un monument expiatoire dans
chacum des cimetières étranger ou internationaux qui ont été profanés et
dont les tombes ont été détruites. D’accord avec les Représentants des
Puissances il a été convenue que les légations intéressées donneront les
indications pour l’érection de ces monuments à charge par la Chine d’en
couvrir tous les frais, évalués à dix mille taels pour les cimetières de
Pékin et des environs, à cinq mille taels pour les cimetières des provinces.
Ces sommes ont été versées, et la liste de ces cimetières est ci-jointe
(annexe No. 10).
Article V.
La Chine a accepté de prohiber sur son territoire l’importation des armes et
des munitions ainsi que du matériel destiné exclusivement à la fabrication
des armes et des munitions.
Un Edit Impérial a été rendu le 25 Août 1901 (annexe No. 11) pour interdire
cette importation pendant une durée de deux années. De nouveaux Edits
pourront être rendus par la suite pour proroger ce terme de deux ans en deux
ans dans le cas de nécessité reconnue par les Puissances.
Article VI.
Par un Edit Impérial en date du 29 Mai 1901 (annexe No. 12) Sa Majesté
l’Empereur de Chine s’est engagé à payer aux Puissances une indemnité de
quatre cent cinquante millions de Haikouan Taels. Cette somme représente le
total des indemnités pour les Etats, les sociétés, les particuliers et les
Chinois visés à l’article VI de la Note du 22 Décembre 1900.
(a) Ces quatre cent cinquante millions constituent une
dette en or calculée aux cours du Haikouan Tael par rapport à la monnaie
d’or de chaque pays tels qu’ils sont indiqués ci-après:
1 Haikouan tael |
= marks 3.055. |
|
= couronnes austro-hongroises 3.595. |
|
= dollar or 0.742. |
|
= francs 3.750. |
|
= livre sterling 0 shillings 3 pence 0. |
|
= yen 1.407. |
|
= florin néerlandais 1.796. |
|
= rouble or 1.412 (au titre de dolia 17,424). |
Cette somme en or sera productive d’intérêts à quatre pour cent l’an et le
capital en sera remboursé par la Chine en trente-neuf années
[Page 309]
dans les conditions indiquées au plan
d’amortissement ci-joint (annexe No. 13).
Le capital et les intérêts seront payables en or ou aux taux de change
correspondant aux dates des diverses échéances.
Le fonctionnement de l’amortissement commencera le 1 Janvier 1902 pour finir
à l’expiration de l’année 1940. Les amortissements seront payables
annuellement, la première échéance étant fixée au 1 Janvier 1903.
Les intérêts seront comptés à partir du 1 Juillet 1901, mais le Gouvernement
chinois aura la faculté de se libérer, dans un délai de trois ans,
commencant le 1 Janvier 1902, des arrérages du premier semestre finissant le
31 Décembre 1901, à la condition toutefois de payer des intérêts composés à
quatre pour cent l’an sur les sommes dont le versement aura ainsi été
différé. Les intérêts seront payables semestriellement, la première échéance
étant fixée au 1 Juillet 1902.
(a) Le service de la dette sera effectué à Shanghai et
de la manière suivante:
Chaque Puissance se fera représenter par un délégué dans une Commission de
banquiers qui sera chargée d’encaisser le montant des intérêts et des
amortissements qui lui sera versé par des autorités chinoises designées à
cet effet, de le répartir entre les intéressés et d’en donner quittance.
(c) Le Gouvernement chinois remettra au Doyen du Corps
Diplomatique à Pékin un bon global qui sera transformé ultérieurement en
coupures revêtues de la signature des délégués du Gouvernement chinois
désignés & cet effet. Cette opération et toutes celles se rapportant
& l’établissement des titres seront effectuées par la Commission
précitée conformément aux instructions que les Puissances enverront à leurs
délégués.
(d) Le produit des ressources affectées au payement
des bons sera versé mensuellement entre les mains de la Commission.
(e) Les ressources affectées à la garantie des bons
sont énumérées ci-après:
- 1°
- Le reliquat des revenues de la Douane maritime Impériale après
payement de l’intérêt et de l’amortissement des emprunts antérieurs
gagés sur ces revenus, augmentés du produit de l’élévation à cinq
pour cent effectifs du tarif actuel sur les importations maritimes,
y compris les articles qui jusqu’à présent entraient en franchise, à
l’exception du riz, des céréales et des farines de provenance
étrangère, ainsi que de Por et de l’argent monnayés ou non
monnayés.
- 2°
- Les revenus des douanes indigénes, administrées dans les ports
ouverts par la Douane maritime Impériale.
- 3°
- L’ensemble des revenue de la gabelle, sous réserve de la fraction
affectée précédemment à d’autres emprunts étrangers.
L’élévation du tarif actuel sur les importations à cinq pour cent effectifs
est consentie aux conditions ci-après.
La mise en vigueur de cette élévation commencera deux mois après la date de
la signature du prèsent protocole, et il ne sera fait d’exeeption que pour
les marchandises en cours de route au plus tard dix jours après cette
date.
- 1°
- Tous les droits sur les importations, perçus “ad valorem,” seront
convertis en droits spéeifiques autant qu’il sera possible de le faire
et dans leplus bref délai. Cette conversion sera établie comme suit: On
prendra comme base d’évaluation la valeur moyenne des marchandises
[Page 310]
au moment de leur débarquement
pendant les trois années 1897, 1898 et 1899, c’est-à-dire la valeur de
marché déduction faite du montant des droits d’entrée et des frais
accessoires. En attendant le résultat de cette conversion les droits
seront perçus “ad valorem.”
- 2°.
- Le cours du Peiho et celui du Whangpou seront améliorés avec la
participation financière de la Chine.
Article VII.
Le Gouvernement chinois a accepté que le quartier occupé par les légations
fût considéré comme un quartier spécialement réservé a leur usage et placé
sous leur police exclusive, où les Chinois n’auraient pas le droit de
résider, et qui pourrait être mis en état de défense.
Les limites de ce quartier ont été ainsi fixées sur le plan ci-joint (annexe
No. 14):
- à l’ouest, la ligne 1, 2, 3, 4, 5
- au Nord, la ligne 5, 6, 7, 8, 9, 10
- à l’Est, la rue Ketteler: 10, 11, 12
- au Sud, la ligne 12–1,
tirée le long du pied extérieur de la muraille tartare en
suivant les bastions.
Par le protocole annexé à la lettre du 16 Janvier 1901 la Chine a reconnue à
chaque Puissance le droit d’entretenir une garde permanente dans le dit
quartier pour la défense de sa légation.
Article VIII.
Le Gouvernement chinois a consenti à faire raser les forts de Takou et ceux
qui pourraient emêgcher les libres communications entre Pékin et la mer. Des
dispositions ont été prises à cet effet.
Article IX.
Le Gouvernement chinois a reconnu aux Puissances par le Protocole annexé a la
lettre du 16 Janvier 1901 le droit d’occuper certains points, à déterminer
par un accord entre Elles, pour maintenir les communications libres entre la
capitale et la mer. Les points occupés par les Puissances sont:
Houang-ts’oun, Lang-fang, Yang-ts’oun, Tien-tsin, Kiun-leang-tch’eng,
Tang-kou, Lou-tai, Tang-chan, Louan-tcheou, Tch’ang-li, Ts’in-wang-tao,
Chan-hai-kouan.
Article X.
Le Gouvernement chinois s’est engagé à afficher et à publier pendant deux ans
dans toutes les villes de district les Edits Impériaux suivants:
- (a)
- Edit du Février 1901 (annexe No. 15) portant défense perpétu-elle
sous peine de mort de faire partie d’une société
anti-etrangère.
- (b)
- Edits des 13 et 25 Février, 29 Avril et 19 Août contenant
l’énu-mération des peines qui ont été infligées aux
coupables.
- (c)
- Edit du 19 Août 1901 supprimant les examens dans toutes les villes
où des étrangers ont été massacrés ou ont subi des traitements
cruels.
- (d)
- Edit du 1 Février 1901 (annexe No. 16) déclarant que tous les
gouverneurs-généraux, gouverneurs et fonctionnaires provinciaux ou
[Page 311]
locaux sont
responsables de l’ordre dans leur circonscription et qu’en cas de
nouveaux troubles anti-étrangers ou encore d’autres infractions aux
traités qui n’auraient pas été immédiatement réprimés et dont les
coupables n’auraient pas été punis, ces fonctionnaires seront
immédiatement révoqués sans pouvoir être appelés à de nouvelles
fonctions ni recevoir de nouveaux honneurs.
L’affichage de ces édits se poursuit progressivement dans tout l’Empire.
Article XI.
Le Gouvernement chinois s’est engagé à négocier les amendements jugés utiles
par les Gouvernements étrangers aux traités de commerce et de navigation et
les autres sujets touchant aux relations commer-ciales dans le but de les
faciliter.
Dès maintenant et par suite des stipulations inscrites à l’article VI au
sujet de l’indemnité, le Gouvernement chinois s’engage à concourir à
l’amélioration du cours des rivières Pei’ho et Whangpou comme il est dit
ci-dessous.
- (a)
- Les travaux d’amélioration de la navigabilité du Peiho, commencés en
1898 avec la coopération du Gouvernement chinois, ont été repris sous la
direction d’une Commission internationale. Aussitôt après que
l’administration de Tien tsin aura été remise au Gouvernement chinois,
celui-ci pourra se faire représenter dans cette commission et versera
chaque année une somme de soixante mille Haikouan taels pour l’entretien
des travaux.
- (b)
- Il est créé un Conseil fluvial chargé de la direction et du contrôle
des travaux de rectification du Whangpou et d’amélioration du cours de
cette rivière.
Ce Conseil est composé de membres représentant les intérêts du Gouvernement
chinois et ceux des étrangers dans le commerce maritime de Shanghai. Les
frais nécessités par les travaux et l’administration generate de
l’entreprise sont évalués à la somme annuelle de quatre cent soixante mille
Haikouan taels pendant les vingt premières années. Cette somme sera fournie
par moitiés par le Gouvernement chinois et par les intéressés étrangers. Le
détail des stipulations se rapportant à la composition, aux attributions et
aux revenus du Conseil fluvial fait l’objet de l’annexe (annexe No. 17).
Article XII.
Un Edit Impérial du 24 juillet 1901 (annexe No. 18), a réformé l’Ofiice des
affaires étrangères (Tsong-li Yamen), dans le sens indiqué par les
Puissances, c’est-à-dire l’a transformé en un Ministère des affaires
etrangères (Wai-wou pou), qui prend rang avant les six autres Ministères
d’Etat; le même edit a nommé les principaux membres de ce Ministère.
Un accord s’est ètabli ègalement au sujet de la modification du cérémonial de
Cour relatif à la réception des Représentants étrangers, et a fait l’objet
de plusieurs notes des Plénipotentiaires chinois résumées dans un memorandum
ci-joint (annexe No. 19).
Enfin il est expressément entendu que, pour les déclarations susénoncées et
les documents annexés émanant des Plénipotentiaires étrangers, le texte
francais fait seul foi.
Le Gouvernement chinois s’étant ainsi conformé, à la satisfaction des
[Page 312]
Puissances, aux conditions
énumérées dans la Note précitée de 22 décembre 1900, les Puissances ont
accédé au désir de la Chine de voir cesser la situation créée par les
désordres de l’été 1900. En conséquence les Plénipotentiaires étrangers sont
autorisés à déclarer au nom de leurs Gouvernements que, à l’exception des
gardes des légations mentionnées à l’article VII, les troupes
internationales évacueront complètement la ville de Pékin le 17 septembre
1901 et, à l’exception des endroits mentionnés à l’article IX, se retireront
de la province du Tcheli le 22 septembre.
Le présent Protocole final a été établi en douze exemplaires identiques et
signés par tous les Plénipotentiaires des Pays Contractants. Un exemplaire
sera remis à chacun des Plénipotentiaires étrangers et un exemplaire sera
remis aux Plénipotentiaires chinois.
Pékin, le 7 septembre
1901.
- A v Mumm
- M. Czikann
- Joostens
- B. J. de Cologan
- W. W. Rockhill
- Beau
- Ernest Satow.
- Salvago Raggi
- Jutaro Komura
- F. M. Knobel
- M. de Giers
{
Signatures et sceaux des
Plénipotentiaires chinois.}
[Translation.]
FINAL PROTOCOL.
The plenipotentiaries of Germany, His Excellency M. A. Mumm von
Schwarzenstein; of Austria-Hungary, His Excellency M. M. Czikann von
Wahlborn; of Belgium, His Excellency M. Joostens; of Spain, M. B. J. de
Cologan; of the United States, His Excellency M. W. W. Rockhill; of
France, His Excellency M. Paul Beau; of Great Britain, His Excellency
Sir Ernest Satow; of Italy, Marquis Salvago Raggi; of Japan, His
Excellency M. Jutaro Komura; of the Netherlands, His Excellency M. F. M.
Knobel; of Russia, His Excellency M. M. de Giers; and of China, His
Highness Yi-K’uang Prince Ching of the first rank, President of the
Ministry of Foreign Affairs, and His Excellency Li Hung-chang, Earl of
Su-i of the first rank, Tutor of the Heir Apparent, Grand Secretary of
the Wen-hua Throne Hall, Minister of commerce, Superintendent of the
northern trade, Governor-General of Chihli, have met for the purpose of
declaring that China has complied to the satisfaction of the Powers with
the conditions laid down in the note of the 22d of December, 1900, and
which were accepted in their entirety by His Majesty the. Emperor of
China in a decree dated the 27th of December. (Annex No. 1.)
Article Ia.
By an Imperial Edict of the 9th of June last (Annex No. 2), Tsai Feng,
Prince of Ch’ün, was appointed Ambassador of His Majesty the
[Page 313]
Emperor of China, and directed
in that capacity to convey to His Majesty the German Emperor the
expression of the regrets of His Majesty the Emperor of China and of the
Chinese Government for the assassination of His Excellency the late
Baron von Ketteler, German minister.
Prince Ch’ün left Peking the 12th of July last to carry out the orders
which had been given him.
Article Ib.
The Chinese Government has stated that it will erect on the spot of the
assassination of His Excellency the late Baron von Ketteler a
commemorative monument, worthy of the rank of the deceased, and bearing
an inscription in the Latin, German, and Chinese languages, which shall
express the regrets of His Majesty the Emperor of China for the murder
committed.
Their Excellencies the Chinese Plenipotentiaries have informed His
Excellency the German Plenipotentiary, in a letter dated the 22nd of
July last (Annex No. 3) that an arch of the whole width of the street
would be erected on the said spot, and that work on it was begun the
25th of June last.
Article IIa.
Imperial Edicts of the 13th and 21st of February, 1901 (Annexes Nos. 4,
5, and é), inflicted the following punishments on the principal authors
of the outrages and crimes committed against the foreign Governments and
their nationals:
Tsai-I Prince Tuan and Tsai Lan Duke Fu-kuo were sentenced to be brought
before the autumnal court of assize for execution, and it was agreed
that if the Emperor saw fit to grant them their lives, they should be
exiled to Turkestan and there imprisoned for life, without the
possibility of commutation of these punishments.
Tsai Hsün Prince Chuang, Ying Nien, President of the Court of censors,
and Chao Shu-Chiao, President of the Board of punishments, were
condemned to commit suicide.
Yü Hsien, Governor of Shanhsi, Chi Hsiu, President of the Board of rites,
and Hsü Cheng-yu, formerly senior vice-President of the Board of
punishments, were condemned to death.
Posthumous degradation was inflicted on Kang Yi, assistant Grand
Secretary, President of the Board of works, Hsü Tung, Grand Secretary,
and Li Ping-heng, formerly Governor-General of Szu-ch’uan.
An Imperial Edict of February 13th, 1901 (Annex No. 7), rehabilitated the
memories of Hsü Yung-yi, President of the Board of war, Li Shan,
President of the Board of works, Hsu Ching-cheng, senior vice-President
of the Board of works, Lien Yuan, vice-Chancellor of the Grand Council,
and Yuan Chang, vice-President of the Court of sacrifices, who had been
put to death for having protested against the outrageous breaches of
international law of last year.
Prince Chuang committed suicide the 21st of February, 1901, Ying Nien and
Chao Shu-chiao the 24th, Yü Hsien was executed the 22nd, Chi Hsiu and
Hsü Cheng-yu on the 26th. Tung Fu-hsiang, General in Kan-su, has been
deprived of his office by Imperial Edict of the 13th of February, 1901,
pending the determination of the final punishment to be inflicted on
him.
[Page 314]
Imperial Edicts dated the 29th of April and 19th of August, 1901, have
inflicted various punishments on the provincial officials convicted of
the crimes and outrages of last summer.
Article IIa.
An Imperial Edict promulgated the 19th of August, 1901 (Annex No. 8),
ordered the suspension of, official examinations for five years in all
cities where foreigners were massacred or submitted to cruel
treatment.
Article III.
So as to make honorable reparation for the assassination of Mr. Sugiyama,
chancellor of the Japanese legation, His Majesty the Emperor of China by
an Imperial Edict of the 18th of June, 1901 (Annex No. 9), appointed Na
Tung, vice-President of the Board of revenue, to be his Envoy
Extraordinary, and specially directed him to convey to His Majesty the
Emperor of Japan the expression of the regrets of His Majesty the
Emperor of China and of his Government at the assassination of the late
Mr. Sugiyama.
Article IV.
The Chinese Government has agreed to erect an expiatory monument in each
of the foreign or international cemeteries which were desecrated and in
which the tombs were destroyed.
It has been agreed with the Representatives of the Powers that the
legations interested shall settle the details for the erection of these
monuments, China bearing all the expenses thereof, estimated at ten
thousand taels for the cemeteries at Peking and within its neighborhood,
and at five thousand taels for the cemeteries in the provinces. The
amounts have been paid and the list of these cemeteries is enclosed
herewith. (Annex No. 10.)
Article V.
China has agreed to prohibit the importation into its territory of arms
and ammunition, as well as of materials exclusively used for the
manufacture of arms and ammunition.
An Imperial Edict has been issued on the 25th of August, 1901 (Annex No.
11), forbidding said importation for a term of two years. New Edicts may
be issued subsequently extending this by other successive terms of two
years in case of necessity recognized by the Powers.
Article VI.
By an Imperial Edict dated the 29th of May, 1901 (Annex No. 12), His
Majesty the Emperor of China agreed to pay the Powers an indemnity of
four hundred and fifty millions of Haikwan Taels. This sum represents
the total amount of the indemnities for States, companies or societies,
private individuals, and Chinese referred to in Article VI of the note
of December 22nd, 1900.
(a) These four hundred and fifty millions
constitute a gold debt calculated
[Page 315]
at the rate of the Haikwan tael to the gold
currency of each country, as indicated below.
Haikwan tale |
=marks |
3.055 |
|
=Austro-Hungary crown |
3.595 |
|
=gold dollar |
0.742 |
|
=francs |
3.750 |
|
=pound sterling |
3s. 0d. |
|
=yen |
1.407 |
|
=Netherlands florin |
1.796 |
|
=gold rouble (17.424 dolias fine) |
1.412 |
This sum in gold shall bear interest at 4 per cent per annum, and the
capital shall be reimbursed by China in thirty-nine years in the manner
indicated in the annexed plan of amortization. (Annex No. 13).
Capital and interest shall be payable in gold or at the rates of exchange
corresponding to the dates at which the different payments fall due.
The amortization shall commence the 1st of January, 1902, and shall
finish at the end of the year 1940. The amortizations are payable
annually, the first payment being fixed on the 1st of January, 1903.
Interest shall run from the 1st of July, 1901, but the Chinese Government
shall have the right to pay off within a term of three years, beginning
January, 1902, the arrears of the first six months, ending the 31st of
December, 1901, on condition, however, that it pays compound nterest at
the rate of 4 per cent per annum on the sums the payments of which shall
have thus been deferred. Interest shall be payable semiannually, the
first payment being fixed on the 1st of July, 1902.
(b) The service of the debt shall take place in
Shanghai, in the following manner:
Each Power shall be represented by a delegate on a commission of bankers
authorized to receive the amount of interest and amortization which
shall be paid to it by the Chinese authorities designated for that
purpose, to divide it among the interested parties, and to give a
receipt for the same.
(c) The Chinese Government shall deliver to the
Doyen of the Diplomatic Corps at Peking a bond for the lump sum, which
shall subsequently be converted into fractional bonds bearing the
signatures of the delegates of the Chinese Government designated for
that purpose. This operation and all those relating to issuing of the
bonds shall be performed by the above-mentioned Commission, in
accordance with the instructions which the Powers shall send their
delegates.
(d) The proceeds of the revenues assigned to the
payment of the bonds shall be paid monthly to the Commission.
(e) The revenues assigned as security for the
bonds are the following:
- 1.
- The balance of the revenues of the Imperial maritime Customs
after payment of the interest and amortization of preceding
loans secured on these revenues, plus the proceeds of the
raising to five per cent effective of the present tariff on
maritime imports, including articles until now on the free list,
but exempting foreign rice, cereals, and flour, gold and silver
bullion and coin.
- 2.
- The revenues of the native customs, administered in the open
ports by the Imperial maritime Customs.
- 3.
- The total revenues of the salt gabelle, exclusive of the
fraction previously set aside for other foreign loans.
The raising of the present tariff on imports to five per cent effective
is agreed to on the conditions mentioned below.
[Page 316]
It shall be put in force two months after the signing of the present
protocol, and no exceptions shall be made except for merchandise shipped
not more than ten days after the said signing.
- 1°.
- All duties levied on imports “ad valorem” shall be converted as
far as possible and as soon as may be into specific duties. This
conversion shall be made in the following manner: The average value
of merchandise at the time of their landing during the three years
1897, 1898, and 1899, that is to say, the market price less the
amount of import duties and incidental expenses, shall be taken as
the basis for the valuation of merchandise, rending the result of
the work of conversion, duties shall be levied “ad valorem.”
- 2°.
- The beds of the rivers Peiho and Whangpu shall be improved with
the financial participation of China.
Article VII.
The Chinese Government has agreed that the quarter occupied by the
legations shall be considered as one specially reserved for their use
and placed under their exclusive control, in which Chinese shall not
have the right to reside and which may be made defensible.
The limits of this quarter have been fixed as follows on the annexed plan
(Annex No. 14):
- On the west, the line 1, 2, 3, 4, 5.
- On the north, the line 5, 6, 7, 8, 9, 10.
- On the east, Ketteler street (10, 11, 12).
Drawn along the exterior base of the Tartar wall and following the line
of the bastions, on the south the line 12.1.
In the protocol annexed to the letter of the 16th of January, 1901, China
recognized the right of each Power to maintain a permanent guard in the
said quarter for the defense of its legation.
Article VIII.
The Chinese Government has consented to raze the forts of Taku and those
which might impede free communication between Peking and the sea; steps
have been taken for carrying this out.
Article IX.
The Chinese Government has conceded the right to the Powers in the
protocol annexed to the letter of the 16th of January, 1901, to occupy
certain points, to be determined by an agreement between them, for the
maintenance of open communication between the capital and the sea. The
points occupied by the powers are:
Huang-tsun, Lang-fang, Yang-tsun, Tientsin, Chun-liang Ch’eng, Tang-ku,
Lu-tai, Tang-shan, Lan-chou, Chang-li, Ch’in-wang tao, Shan-hai
kuan.
Article X.
The Chinese Government has agreed to post and to have published during
two years in all district cities the following Imperial edicts:
- (a)
- Edict of the 1st of February (Annex No. 15), prohibiting
forever, under pain of death, membership in any antiforeign
society.
- (b)
- Edicts of the 13th and 21st February, 29th April, and 19th
August, enumerating the punishments inflicted on the
guilty.
- (c)
- Edict of the 19th August, 1901, prohibiting examinations in
all cities where foreigners were massacred or subjected to cruel
treatment.
- (d)
- Edict of the 1st of February, 1901 (Annex No. 16), declaring
all governors-general, governors, and provincial or local
officials responsible for order in their respective districts,
and that in case of new antiforeign troubles or other
infractions of the treaties which shall not be immediately
repressed and the authors of which shall not have been punished,
these officials shall be immediately dismissed, without
possibility of being given new functions or new honors.
The posting of these edicts is being carried on throughout the
Empire.
Article XI.
The Chinese Government has agreed to negotiate the amendments deemed
necessary by the foreign Governments to the treaties of commerce and
navigation and the other subjects concerning commercial relations, with
the object of facilitating them.
At present, and as a result of the stipulation contained in Article VI
concerning the indemnity, the Chinese Government agrees to assist in the
improvement of the courses of the rivers Peiho and Whangpu, as stated
below.
- (a)
- The works for the improvement of the navigability of the Peiho,
begun in 1898 with the cooperation of the Chinese Government, have
been resumed under the direction of an international Commission. As
soon as the administration of Tientsin shall have been handed back
to the Chinese Government, it will be in a position to be
represented on this commission, and will pay each year a sum of
sixty thousand Haikwan taels for maintaining the works.
- (b)
- A conservancy Board, charged with the management and control of
the works for straightening the Whangpu and the improvement of the
course of that river, is hereby created.
This Board shall consist of members representing the interests of the
Chinese Government and those of foreigners in the shipping trade of
Shanghai. The expenses incurred for the works and the general management
of the undertaking are estimated at the annual sum of four hundred and
sixty thousand Haikwan taels for the first twenty years. This sum shall
be supplied in equal portions by the Chinese Government and the foreign
interests concerned. Detailed stipulations concerning the composition,
duties, and revenues of the conservancy board are embodied in annex No.
17.
Article XII.
An Imperial Edict of the 24th of July, 1901 (annex No. 18), reformed the
Office of foreign affairs, (Tsungli Yamen), on the lines indicated by
the Powers, that is to say, transformed it into a Ministry of foreign
affairs (Wai-wu Pu), which takes precedence over the six other
Ministries of State. The same edict appointed the principal members of
this Ministry.
An agreement has also been reached concerning the modification of Court
ceremonial as regards the reception of foreign Representatives and has
been the subject of several notes from the Chinese Plenipotentiaries,
the substance of which is embodied in a memorandum herewith annexed
(annex No. 19).
[Page 318]
Finally, it is expressly understood that as regards the declarations
specified above and the annexed documents originating with the foreign
Plenipotentiaries, the French text only is authoritative.
The Chinese Government having thus complied to the satisfaction of the
Powers with the conditions laid down in the above-mentioned note of
December 22nd, 1900, the Powers have agreed to accede to the wish of
China to terminate the situation created by the disorders of the summer
of 1900. In consequence thereof the foreign Plenipotentiaries are
authorized to declare in the names of their Governments that, with the
exception of the legation guards mentioned in Article VII, the
international troops will completely evacuate the city of Peking on the
17th September, 1901 and, with the exception of the localities mentioned
in Article IX, will withdraw from the province of Chihli on the 22d of
September.
The present final Protocol has been drawn up in twelve identic copies and
signed by all the Plenipotentiaries of the Contracting Countries. One
copy shall be given to each of the foreign Plenipotentiaries, and one
copy shall be given to the Chinese Plenipotentiaries.
Peking, 7th September,
1901.
- A. v. Mumm.
- M. Czikann.
- B. J. de Cologan.
- W. W. Rockhill.
- Beau.
- Ernest Satow.
- Salvago Raggi.
- Jutaro Komura.
- F. M. Knobel.
- M. be Giers.
{Signatures and seals of Chinese
plenipotentiaries.}
[Translation.]
ANNEXES TO THE FINAL PROTOCOL.
- No. 1.
- Imperial Edict of 27 December, 1900.
- 2.
- Imperial Edict of 9 June, 1901.
- 3.
- Letter of the Chinese plenipotentiaries of 22 July, 1901.
- 4.
- Imperial Edict of 13 February, 1901.
- 5.
- Imperial Edict of 13 February, 1901.
- 6.
- Imperial Edict of 21 February, 1901.
- 7.
- Imperial Edict of 13 February, 1901.
- 8.
- Imperial Edict of 19 August, 1901.
- 9.
- Imperial Edict of 18 June, 1901.
- 10.
- List of desecrated cemeteries.
- 11.
- Imperial Edict of 25 August, 1901.
- 12.
- Imperial Edict of 29 May, 1901.
- 13.
- Table of amortization.
- 14.
- Plan of the diplomatic quarter and notice.
- 15.
- Imperial Edict of 1st February, 1901.
- 16.
- Imperial Edict of 1st February, 1901.
- 17.
- Regulations for the improvement of the Whangpu.
- 18.
- Imperial Edict of 24 July, 1901.
- 19.
- Memorandum concerning court ceremonial.
[Page 319]
Annex No. 1.
IMPERIAL EDICT of the 27th December,
1900 (translation).
[Seal of the Emperor.]
The 6th day of the 11th moon of the 26th year of Kuang-hsü (27 December,
1900), the following Edict was rendered:
“We have taken cognizance of the whole telegram of Yi-K’uang and Li
Hung-chang. It is proper that We accept in their entirety the twelve
articles which they have submitted to us.”
Respect this!
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 2.
IMPERIAL EDICT of the 9th of June,
1901 (translation).
“We confer on Tsai Feng, Prince Ch’ün of the first rank, the title of
Ambassador extraordinary, and We direct him to proceed to Germany to
respectfully discharge the mission which We confide to him.
“Chang Yi, reader of the Grand Chancellery, and Yin Ch’ang, military
Lieutenant-Governor, shall accompany him as secretaries.
“Respect this!”
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 3.
Despatch of Prince Ching and of Li
Hung-chang of the 22 July, 1901, to His Excellency M. de Mumm,
German Plenipotentiary (Translation.)
Official reply.
On the 3d day of the 5th moon of the present year (18th of June, 1901),
We have received from Your Excellency the following official
communication:
“Messrs. Jui-liang, secretary, and, Lien-fang, expectant taotai,
delegates entrusted with carrying out Article I of the Joint Note
providing for the erection of a commemorative monument on the place of
the assassination of Baron von Ketteler, former Minister of Germany,
commenced some time ago the discussion of the subject with my Legation,
and have taken up the question of the plan of this monument.
“During frequent conversations they have stated that if it were necessary
that a commemorative arch in marble, from Ta-li and extending the whole
width of the avenue of Ch’ung-wen-men, should be erected on the spot of
the assassination, the work would require a great deal of time, in view
of the difficulty in transporting the materials;
[Page 320]
but as to adopting some other means, either of
transferring to the place of the assassination an archway erected at the
present time in some other spot, or of putting up a new arch, or of
using an old archway to be transported to the place, they left this to
the determination of my Government.
“I at once telegraphed my Government to inform me of its views.
“The reply which I have just received informs me that His Majesty the
Emperor of Germany has himself decided that a new archway extending
across the whole width of the street should be put up.
“I have consequently to urgently request you to take immediate steps, so
that the work may begin at once.”
We, Prince and Minister, have at once directed the said secretary and
taotai to act in conformity. According to the report which they have
sent us, “the work was begun on the 10th day of the 5th moon (25th of
June) by the foundations. But a certain length of time is necessary for
getting out the stone, cutting it and for the transportation of
materials; and the only thing that can be done is to watch that the
workmen use their best endeavors to carry on promptly the work.”
Besides having directed that We should be kept informed of the execution
of the work, We deem it necessary to send the present official reply to
Your Excellency, requesting you to take note of it.
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 4.
IMPERIAL EDICT of the 13th of February,
1901 (Translation).
Since the 5th moon (end of May) the Boxers have created trouble in the
capital and have begun hostilities against friendly countries. Yi-K’uang
and Li Hung-chang are negotiating for peace at Peking with
Representatives of the Powers, and a whole preliminary arrangement has
already been signed.
(If) We consider the commencement of these events, we find that they are
attributable to several stupid Princes and Ministers, insane, absolutely
ignorant, turbulent, and who have ignored the laws. They had most
absolute confidence in pernicious methods and have led on the Court. Not
only did they refuse to obey Our orders to exterminate the Boxers, but
they have been so far as to believe in them and, stupidly, they began to
attack (the Legations). So it was that this evil fire spread abroad, and
circumstances did not permit of its being stopped, several tens of
thousands of evil-doers having assembled at the elbow and the armpit
(that is to say, at the most important points). Furthermore, the leaders
forced generals and ignorant soldiers to attack the Legations, and so it
befell that inconceivable evils persisted for several months.
The tutelary deities of the Empire have been in danger, the Imperial
tombs and the temples of Ancestors have trembled, the country has been
devastated; the inhabitants are plunged in misery. No words
[Page 321]
can express the dangers which
We and H. M. the Empress Dowager have been exposed to. Our heart and Our
head are still painful; Our tears and Our resentment are confounded. It
is to you, Princes and Ministers, who, by believing in evil words and
allowing evil-doers free hand, have put in danger in Heaven our
Ancestors and Our gods, and who here below have caused the people to
endure these calamities. Do you ask what punishments you deserve?
We have already issued two decrees. But, considering that such light
punishments for such grievous faults could not be sufficient to make you
expiate your crimes, We must impose upon you new and more severe
punishments according to your degree of guilt.
Tsai-hsün, Prince Chuang, already degraded,
allowed the Boxers to attack the Legations. He, on his own authority,
published proclamations contrary to the treaties; he lightly believed
the statements of evil-doers; he unlawfully caused to be decapitated a
great number of persons; he has shown himself, of a truth, vulgar and
stupid. We invite him, as a favor, to commit suicide. We direct
Ko-pao-hua, acting president of the Court of Censors, to go and see
(that the suicide has taken place).
Tsai-I, Prince Tuan, already degraded, led away
with him several Princes and Peilo (Princes of the 3d class). He
foolishly gave heed to the Boxers and stupidly advised fighting. So all
these troubles broke out; his faults, of a truth, can not be ignored.
Tsai-lan, Duke Fu-kuo, reduced in rank, in
concert with Tsai-hsün, foolishly published
proclamations contrary to the treaties. He should also be punished for
his faults. We deprive them of their nobiliary titles, but, considering
that they belong to our family, we order, by special act of grace, that
they be sent to Hsin-chiang (Ili) where they shall be condemned to
prison for life. Deputies shall be at first sent to watch them.
Yü-hsien, degraded governor, foolishly
believed, when formerly discharging the duties of governor in Shantung,
in the charms of the Boxers. Arriving in Peking, he extolled them so
highly that several Princes and Ministers fell under his evil influence.
Being governor of Shansi, he massacred a great number of missionaries
and Christians. He is worse than an imbecile, than a fool, than a
murderer; he is the chief culprit and the author of all these
calamities. He has already been sent to Hsin-chiang, and, believing that
he has arrived in Kan-su, We order that, on the receipt of the order
which We send, he shall be at once beheaded. We direct the Provincial
Judge Ho Fu-kun to see that the penalty is carried out.
Kang-yi, Assistant Grand Secretary of State,
President of the Board of Works, having lent his aid to the Boxers,
serious disturbances broke out. He aided in publishing proclamations
contrary to the treaties. A severe punishment was to have been inflicted
on him at first, but he has died of disease. We order that the honors
which he previously held shall be withdrawn from him and that he be at
once degraded.
Tung Fu-hsiang, general in Kan-su, degraded but
retained in office, entered (Peking) to defend (the city) with the
troops under his orders; he was unable to maintain strict discipline.
Ignorant, furthermore, of international questions, he followed his ideas
and acted in an inconsiderate manner. Although the attacks on the
Legations were ordered him by the above degraded Princes, it is
nevertheless difficult to absolve him of all faults. We intended in the
first instance to have punished
[Page 322]
him severely, but, considering the signal services he has rendered in
Kan-su and the sympathy felt for him by Mussulman and Chinese, as an act
of extraordinary grace, We order that he shall be immediately
degraded.
Ying-nien, President of the Court of Censors,
reduced in rank and displaced, opposed Tsai-hsün publishing on his own authority proclamations
contrary to the treaties. We may make due allowance for this
circumstance, but as he was not able to overcome (this resistance) by
force, it is, after all, difficult to absolve him. We order, as a mark
of great benevolence, that he be degraded. We condemn him to death, and
he shall await in prison that his case be passed on.
Chao Shu-chiao, President of the Board of
Punishments, degraded and retained in office, had never shown till then
any unfriendly feeling in relations with the Foreign Powers. Having made
a report on the Boxers, he said nothing in their favor, but through his
negligence faults were made. We order, as a special act of grace, that
he be degraded. We condemn him to death, and he will await in prison
that his case be passed on.
We command that Ying-nien and Chao Shu-chiao be in the first place confined
in the prison of the capital of Shensi.
Hsu Tung, Grand Secretary of State, and Li Ping-heng, former Governor-General of
Sze-chuan, reduced in rank and displaced, died for their country, but
everyone knows their faults. We order that they be degraded, and We
deprive them of the posthumous honors which We had conferred on
them.
After the promulgation of this decree all our friendly nations should
recognize that the events caused by the Boxers are in truth only
attributable to the principal authors of trouble and in no wise to the
wishes of the Court.
We, the Emperor, not lightly punishing several of the principal authors
of trouble, the officials and the people of the Empire will understand
at once that the consequences of such acts are most serious.
Respect this!”
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 5.
IMPERIAL EDICT of the 13 February,
1901. (Translation.)
Ch’i-hsiu, president of the Board of Rites, and
Hsü Cheng-yu, formerly senior
Vice-President of the Board of Punishments, are in the first place to be
degraded.
We order Yi K’uang and Li Hung-chang to obtain exact proof of their guilt
and to send Us at once a report. They shall be punished with the
greatest severity.
Respect this!”
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
[Page 323]
Annex No. 6.
IMPERIAL EDICT of the 21 February,
1901 (Translation).
Edict published and sent telegraphically the 3rd day of the 1st moon (21
February, 1901), and received on the 4th by the Grand Chancellery.
“By a former Edict We had already severely punished, according to the
several cases, all the high officials, the principal authors of the
present misfortunes. But We received some time ago a telegraphic report
from Yi-K’uang and Li Hung-chang telling Us that, according to an
official despatch from the Ministers Plenipotentiary of the various
Powers, new and severer punishments were necessary, and begging Us to
take action.
“Besides Tsai-hsün, who has been ordered to
commit suicide, and Yü-hsien, against whom has
been pronounced the penalty of immediate decapitation, and for each of
whom deputies have been ordered to go see that (the sentences have been
carried out), We decide that the penalty to be inflicted on Tsai-yi (Prince Tuan) and Tsai-lan (Duke Lan) is decapitation with reprieve;
nevertheless, in view of the relationship in which they stand to Us, We
show them the special act of grace of sending them to the frontier of
the Empire, in Turkestan, where they shall be imprisoned for life. A
deputy to take them under escort shall be designated, and shall leave at
once.
“As to Kang-yi, whose crimes were greater, the
penalty should have been immediate decapitation, but as he has already
died of disease, as an act of grace, he shall be spared further inquiry
into his case.
“As regards Ying-nien and Chao Shu-chiao, whose punishments, according to Our former
decisions, were to have been decapitation with reprieve, We command that
they be requested to commit suicide, and We direct Ch’en Ch’un-huan,
Governor of Shan-si, to go and verify (their deaths).
“As to Ch’i-hsiu and Hsü
Cheng-yu, whom the Powers designate as the most ardent
protectors of the Boxer bandits, and as having most particularly done
harm to foreigners, We had previously ordered their degradation; We
(now) order Yi-K’uang and Li Hung-chang to ask the Powers, by despatch,
for their surrender, and to have them executed at once. One of the
Presidents of the Board of Punishments shall be directed to verify
(their execution).
“As to Hsü Tung, who compromised the great
general interests by putting his confidence in the Boxers, and Li Ping-heng, whose bragging ways directly
brought about these misfortunes, the punishment which should have been
theirs was decapitation with reprieve; but taking into consideration the
fact that they committed suicide when they saw the disaster coming, and
that they have already been degraded, and that the posthumous honors
which had been granted them have been annulled and withdrawn, it is
needless to take up their cases.
“The nature of the crimes committed by all the principal authors of the
wrong has been set forth in a clear and detailed way in previous
decrees.
Respect this!”
Correct copy.
- A. D’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
[Page 324]
Annex No.7.
IMPERIAL EDICT of the 13th February,
1901 (Translation).
“The trouble brought about by the Boxers during the 5th moon (May-June)
having spread from day to day, the Court had two difficult methods to
adopt—to take coercitive measures or to pacify them. In the hope that a
line of conduct would be shown Us the Ministers were several times
called in audience.
“We have repeatedly questioned Hsü Yung-yi,
President of the Board of War, Li-shan,
President of the Board of Finance, Hsü
Ching-cheng, senior vice-President of the Board of Works, Lien-Yuan, vice Chancellor of the Grand
Council, Yuan-chang, vice-President of the
Court of Sacrificial Worship.
“In their speech and in their mind all admitted that the two methods were
possible. Several Ministers, instigators of trouble, availing themselves
of this fact, unjustly accused them, handed in memorials in which they
denounced them. So it came about that they were severely punished in
their persons.
“But considering that Hsü Yung-yi and the others showed great zeal for
many years and have always had charge of international questions, that
they may have been faithful, and that they had shown themselves
industrious, We should grant them a favor.
“We command that Li-shan, Hsü Yung-yi, Hsü
Cing-cheng, Lien-Yuan, and Yuan-chang
be restored to their former honors.
“Let the ministry concerned be informed.
“Respect this!”.
Correct copy.
- A. D’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 8.
IMPERIAL EDICT of the 19th August,
1901 (Translation).
Edict received by the Grand Chancellery the 6th day of the 7th moon of
the 27th year Kuang-hsü (19 August, 1901).
“Considering the report of this day by which Yi-K’uang and Li Hung-chang
inform Us that the foreign Powers have decided on the suspension during
five years of civil and military examinations in the localities where
troubles have taken place;
“Considering that it is declared that this suspension shall remain
applicable to the local examinations for licentiates of Shun-t’ien and
of T’ai-yuan;
“Considering the list comprising the localities of—
- “Province of Shan-si: T’ai-yuan Fu, Hsin-chou, Tai-ku Hsien,
Ta-t’ung Fu, Fen-chou Fu, Hsiao-i Hsien, Ch’u-wo Hsien, Ta-ning
Hsien, Ho-ching Hsien, Yueh-yang Hsien, So-p’ing Fu, Wen-shui
Hsien, Shuo-yang Hsien, P’ing-yang Fu, Ch’ang-tzu Hsien,
Kao-p’ing Hsien, Tse-chou Fu, Hsi Chou, P’u Hsien, Chiang-chou,
Kuei-hua Ch’eng, Sui-yuan ch’eng;
- “Province of Ho-nan; Nan-yang Fu, Kuang-chou;
- “Province of Che-chiang: Ch’ü-chou Fu;
- “Province of Chih-li; Pei-ching, Shun-t’ien Fu, Pao-ting Fu,
Yung-ching Hsien, T’ien-ching Fu, Shun-tê Fu, Wang-tu Hsien,
Huai-lu Hsien, Hsin-ngan Hsien, T’ung-chou, Wu-i Hsien,
Ching-chou, Luan-ping Hsien:
- “Three provinces of Manchuria: Shengching (=Mukden),
Chia-tzŭ-ch’ang, Lien-shan, Yu-ch’ing-chieh, Pei-lin-tzŭ, Hu-lan
Ch’eng;
- “Province of Shen-si: Ning-chiang Chou;
- “Province of Hu-nan: Heng-chou Fu;
“We command that in all these localities civil and military examinations
shall be suspended during a period of five years, and We order all
governors-general, governors, and examiners of the aforesaid provinces,
to act in conformity and to publish proclamations.”
“Respect this!”
Correct copy.
- A. D’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 9.
IMPERIAL EDICT of 18th of June, 1901
(Translation).
Edict received by telegraph from Hsi-an-Fu the 3d day of the 5th moon
(18th of June, 1901):
We confer on Na-Tung, second Vice-President of
the Board of Finances, the official button of the first rank, and we
designate him as special Envoy to go to Japan and to there respectfully
discharge the mission We entrust to him.
Respect this!
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 10.
List of cemeteries situated in the
neighborhood of Peking and which have been desecrated.
British cemetery |
One |
French cemeteries |
Five |
Russian cemetery |
One |
Total |
Seven |
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
[Page 326]
Annex No.11.
IMPERIAL EDICT of the 25th of August,
1901 (Translation).
We command all Tartar Generals, Governors general, and Governors of
provinces, as well as the Customs taotais, to forbid, in the first place
for a period of two years, the importation of implements of war as well
as of material serving exclusively in their manufacture and of foreign
origin.
Inform the ministry concerned.
Respect this!
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 12.
Despatch of Prince Ch’ing and Li
Hung-chang to M. de Cologan, Minister of Spain, Doyen of the
Diplomatic Body (29 May, 1901) (Translation).
The 12th day of the 4th moon of the 27th year of Kuang-hsü (29th May,
1901).
Official Reply.
The 7th day of the 4th moon of the present year (24 May, 1901,) we
received from Your Excellency the following official despatch:
“I have the honor to acknowledge to Your Highness and Your Excellency
receipt of the letter which you were pleased to send me in reply to my
communication dated May 7th concerning the indemnities. In the letter to
which Your Highness and Your Excellency have just replied we informed
you that the approximate figure of the expenses incurred and of the
losses sustained by the Powers amounted to the sum of 450 millions of
taels, calculated to the 1st of July of the current year.
“In reply to this communication Your Highness and Your Excellency have
informed me that the Chinese Government proposed to pay off this sum to
the powers by monthly payments of 1,250,000 taels during 30 years.
“The Representatives of the Powers have not failed to transmit this
proposal to their Governments. But they must call the attention of Your
Highness and Your Excellency to the fact that the total of the payments
proposed by the Chinese Government only represents the capital of the
sum mentioned, without the question of interest having been taken
account of.
“I consequently beg Your Highness and Your Excellency to be so kind as to
inform us as soon as possible of the intention of the Chinese Government
in this respect.”
In considering in a previous despatch the question of indemnities, we
explained to Your Excellency the penury of the Chinese treasury.
In your last communication Your Excellency is pleased to call our
attention to the fact that the annual payments of fifteen millions of
[Page 327]
taels which we proposed
only represent the capital, and you now call our attention to the
question of interest.
As we, on our side, had already considered that besides the capital there
also had to be taken into consideration the question of annual interest
at 4 per cent, we had already, by telegram, submitted to the Throne
proposals on this subject, and in reply we have received an Imperial
Edict, stating that “the figure of four hundred and fifty millions of
indemnities to be paid the Powers, with interest at 4 per cent, is
approved,” and we are commanded to take the necessary measures to carry
out this decision.
We have, therefore, only to comply with the orders of the Throne.
Nevertheless this obliges us to recall to Your Excellency that the
financial resources of China are so restricted that nothing more can be
taken from them possibly beyond the fifteen millions of taels which we
have already proposed to Your Excellency to devote specially to the
payment of indemnities, but as this sum must not only furnish payment of
the capital, but also that of interest, we have no other alternative to
propose than to prolong the term of payments, which we had in the first
place fixed at 30 years, in such a way that the instalments paid during
the first period of this term thus extended shall be considered as
destined to extinguish the capital, while those made during the second
period shall be applied to liquidating the interest account, after which
all payments would cease through the extinction of the debt. The
Imperial Maritime Customs, already entrusted as we suggested, with the
payments of the capital, would likewise be entrusted with the payments
on account of interest. As to the amount of the annual interest, it
would be understood that it would decrease proportionately every year,
according to the progressive reduction of the capital.
We have the honor to request Your Excellency to kindly inform us what you
think of the plan we suggest above to pay off both capital and interest,
or if in your opinion it would not be better to consider a portion of
the fifteen millions paid annually as an instalment on the capital to be
paid off, and the balance as an instalment on the interest. These
details require a careful examination, and demand a previous and full
understanding between the parties.
China having thus shown its good will in assenting to the demands of the
Powers on the question of the indemnity, and in taking all the necessary
steps to insure an integral payment of it, we hope to have soon the
satisfaction of learning that the Powers are in a position to fix an
early date for the evacuation.
We have the honor to request Your Excellency to kindly communicate the
above to the Representatives of the Powers.
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
[Page 328]
Annex No. 13.
PLAN OF AMORTIZATION.
Years. |
Series A. |
Series B. |
Series C. |
Series D. |
Series E. |
Amount of sums due on Series A, B, C, D, E. |
Annuities of the existing debt guaranteed by the M.
I. customs andlikin taxes. |
Aggregate amount of the foreign debt. |
Tls. 75,000,000. Extinguished in 1940 by means of a
yearly amortization of 1.106 per cent in 39 years, beginning in
1902. |
Tls. 60,000,000. Extinguished in 1940 by means of a
yearly amortization of 1.783 per cent in 30 years, beginning in
1911. |
Tls.150,000,000. Extinguished in 1940 by means of a
yearly amortization of 2.256 per cent in 26 years, beginning in
1915. |
Tls. 50,000,000. Extinguished in 1940 by means of a
yearly amortization of 2.401 per cent in 25 years, beginning in
1916. |
Tls.115,000,000. Extinguished in 1940 by means of a
yearly amortization of 9.449 per cent in 9 years, beginning in
1932. |
|
Tls. |
Tls. |
Tls. |
Tls. |
Tls. |
Tls. |
Tls. |
Tls. |
1902 |
Int.&am |
3,829,500 |
Int |
2,400,000 |
Int |
6,000,000 |
Int |
2,000,000 |
|
4,600,000 |
18,829,500 |
23,600,000 |
42,429,500 |
1903 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
23,300,000 |
42,129,500 |
1904 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
23,300,000 |
42,129,500 |
1905 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
24,100,000 |
42,929,500 |
1906 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
23,900,000 |
42,729,500 |
1907 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
23,700,000 |
42,529,500 |
1908 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
23,400,000 |
42,229,500 |
1909 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
23,400,000 |
42,229,500 |
1910 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
23,200,000 |
42,029,500 |
1911 |
“ |
“ |
Int.&am |
3,469,800 |
“ |
“ |
“ |
“ |
“ |
“ |
19,899,300 |
22,800,000 |
42,699,300 |
1912 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
22,600,000 |
42,499,300 |
1913 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
22,400,000 |
42,299,300 |
1914 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
22,100,000 |
41,999,300 |
1915 |
“ |
“ |
“ |
“ |
Int.&am |
9,384,000 |
“ |
“ |
“ |
“ |
23,283,300 |
19,400,000 |
42,683,300 |
1916 |
“ |
“ |
“ |
“ |
“ |
“ |
Int.&am |
3,200,500 |
“ |
“ |
24,483,800 |
18,500,000 |
42,983,800 |
1917 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1918 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1919 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1920 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1921 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1922 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1923 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1924 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1925 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1926 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1927 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1928 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1929 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1930 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,500,000 |
42,983,800 |
1931 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
18,400,000 |
42,883,100 |
1932 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
Int.&am |
15,466,150 |
35,350,150 |
7,500,000 |
42,850,150 |
1933 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
6,300,000 |
41,650,150 |
1934 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
5,900,000 |
41,250,150 |
1935 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
5,900,000 |
41,250,150 |
1936 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
5,900,000 |
41,250,150 |
[Page 329]
1937 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
5,900,000 |
41,250,150 |
1938 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
5,900,000 |
41,250,150 |
1939 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
5,900,000 |
41,250,150 |
1940 |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
“ |
5,900,000 |
41,250,150 |
|
4.18433 of the whole amount of tls. 450,000,000 from
the year 1902. |
4.23773, or, inclusive of the foregoing rate, 4.42206
of the whole amount of tls. 450,000,000 from the year
1911. |
4.752000, or, inclusive of the foregoing rate,
5.17406 of the whole amount of tls. 450,000,000 from the year
1915. |
4.26677, or inclusive of the foregoing rate, 5.44083
of the whole amount of tls. 450,000,000 from the year
1916. |
6.41477, or, inclusive of the foregoing rate, 7.85560
of the whole amount of tls. 450,000,000 from the year
1932. |
Aggregate amount to be paid, tls. 982,238,150. |
|
|
Correct copy.
- A. D’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
[Page 330]
Annex No. 14.
Description of the boundaries of the
Legation quarter at Peking.
Point 1 is situated on the south wall of the
Tartar City an hundred feet to the east of the east side of the
superstructure of the Ch’ien Men. From this
point the boundary runs for a distance of two hundred and sixteen feet,
following a line nearly due north, as far as
Point 2 southeast corner of the balustrade in
white stone which encloses the open paved space before the principal
entrance of the Imperial City.
From this point the boundary runs for a length of three hundred and ten
feet along the east side of this balustrade, nearly directly north
until
Point 3, situated on the north side of the road
which forms a continuation of Legation street, and is at the
intersection of the boundary line coming from 2
and of a line drawn along the continuation of the north side of the
Legation street.
From this point the line runs for a length of six hundred and forty-one
feet and a half (measured around and in the angles of the wall) along
the north side of Legation street as far as
Point 4 at one hundred and forty-six to the west
of the corner (southwest) of Gaselee road, measured along the north of
Legation street.
From this point the boundary runs for a length of two thousand one
hundred and fifty-two feet (measured around and in the angles of the
buildings) in a general northerly direction, but following the line of
the buildings now existing and, in the open spaces between the
buildings, a line parallel to the general line of the buildings on the
left side of Gaselee road and at one hundred and fifty-seven feet on the
west side of the west side of the gate which leads from Gaselee road to
the exterior court of the Imperial City, as far as
Point 5, on the south side of the south wall of
the interior court of the Imperial City, and at one hundred and
fifty-seven feet from the west side of the gate at the end of Gaselee
road.
From this point the line runs for a distance of one thousand two hundred
and eighty-eight feet nearly directly toward the east, along the wall as
far as
Point 6, southeast corner of the exterior court of
the Imperial City.
From there the line runs nearly directly north along the wall for a
distance of two hundred and eighteen feet measured in a straight line
to
Point 7, northeast corner of the exterior
court.
From there the line runs nearly due east for a distance of six hundred
and eighty-one feet to
Point 8, southeast corner of the wall of the
Imperial City.
From there the boundary runs nearly due north for a distance of
sixty-five feet along the wall to
Point 9, at sixty-five feet from the southeast
corner of the wall of the Imperial City.
From there the boundary runs direct due east for a distance of three
thousand and ten feet to
Point 10, on the west side of Ketteler Strasse and
at three hundred feet from the angle of intersection of Ketteler Strasse
and the Viale Italia.
[Page 331]
From this point the boundary runs nearly due south along the west side of
Ketteler Strasse to
Point 11, northwest corner of the archway of the
Hatamen, on the south wall of the Tartar City.
From there the boundary runs along the wall and includes the west ramp of
the Hatamen to
Point 12, on the wall at one hundred feet to the
west of the superstructure of the Hatamen.
From Point 12, the boundary follows the south
side of the wall, as shown in the plan, including in it the bastions and
joins 1.
The points of the plan which have been fixed are the following:
- A.
- Point at one hundred and seven feet from the superstructure of
the Chien-Men, measured to the east along the north side of the
crest of the wall of the Tartar City.
- B.
- Point on the top of the north edge of the wall of the Tartar
City, exactly above the middle of the canal for the drainage of
water.
- C.
- Northwest corner of the superstructure of the Hatamen.
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 15.
IMPERIAL EDICT of February 1,
1901.
In all the provinces bandits called for followers and established
antiforeign societies. Various edicts were issued formally forbidding
this. We repeated this many times, but, nevertheless, in late years
there have been in all the Shan-tung districts sects under the name of
Ta-tao-huei (Great Knives Society) and I-ho-chuan (Boxers), which spread
everywhere, with the object of willful murder and theft. Little by
little they reached the Chi-li territory and suddenly entered the
capital, where they set fire to the foreign establishments and attacked
the Legations. Crimes were also committed against neighboring countries
and offenses against the general interest. For not having assured
protection we have incurred heavy responsibilities.
You people who in ordinary times nourish yourselves and live from the
products of this land, and who have all been loaded with the Empire’s
favors—you have, however, dared to incite these bandits with the desire
to fight, to teach methods for casting spells, and to devote themselves
to false practices. You have rashly resisted your officials, whom you
have massacred; you have assassinated foreigners, and then you have been
the cause of unprecedented calamities, which above all else have plunged
your Sovereign and your fathers in grief.
We can not think of what has been done without feeling a still deeper
resentment. We have already formally ordered the Commanders in chief of
all the regions to use their most strenuous efforts to destroy these
societies. It is incumbent that the root of the evil be suppressed, and
the Princes and Ministers who have lent their support to the Boxers
shall suffer the heaviest penalties according to their crimes, and in
[Page 332]
order to inspire fear, all
civil and military examinations shall be suspended during five years in
all cities where foreigners were massacred or suffered cruel
treatment.
Fearing lest the ignorant rural populations may not hear (of these
punishments), new and severe prohibitions shall be specially made in
order to avoid the execution of people who have not been notified.
You, soldiers and people, should know that it is formally forbidden by
law to organize or belong to secret societies. Our ancestors have never
shown the slightest indulgence in the repression of societies of
malefactors.
Moreover, the foreign Powers are all friendly countries, the Christians
are children of our blood whom the Court regards with a same kindness,
and It could not allow different sentiments to be displayed towards
them. All Chinese, whether Christians or not, who may be illtreated,
should complain to the authorities and wait until a fair and equitable
judgment is rendered. How can you lightly believe all the rumors which
have been spread? How can you disregard the penal laws?
Then, when all is lost, the clever ones save themselves by flight and the
innocent are put to death. The law is slow to pardon, and all that has
happened is really very regrettable. From the publication of this
present edict, each one must reform and repent him of the teaching he
has received.
If hardened and incorrigible malefactors should again secretly organize
antiforeign societies, they shall be punished by death, as well as those
belonging to these societies. They shall not be shown the slightest
mercy.
The Tartar Generals, Governors-general, Governors, and High provincial
Authorities whose duty it is to direct the population, should give
explicit instructions to their subordinates to publish severe
proclamations and to have the present edict printed on yellow paper,
which shall be posted in all parts of the Empire. It is important that
all families be notified, and urged to good conduct, and that all be
informed that the will of the Court is that everyone should thoroughly
understand that punishments will be meted out, in order to avoid the
necessity of inflicting other punishments.
Let this edict be made known to all in the Empire.
Respect this!
Correct copy:
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 16.
IMPERIAL EDICT of December 24, 1901
(Translation).
It has been stipulated in the treaties concluded between China and the
Foreign Powers that the citizens of these Powers shall be allowed to
penetrate into the interior.
The Court, in order to assure and maintain relations with other
countries, has already published decrees ordering that most sincere
efforts be made in the provinces to assure protection. Nevertheless,
[Page 333]
the local authorities having
gradually grown lax (in the exercise of their duties), malefactors have
caused trouble, and attacks have been directed against foreigners.
Similar incidents have repeatedly occurred.
We realize that our ability was too limited to reform the ignorant
people, and consequently we have made very grievous mistakes. In
ordinary times, not one of the local officials has been able to make
understood European affairs, and none have comprehended the importance
of foreign relations. Consequently the conflagration spread everywhere,
threatening the Empire, and, if they reflect, they will find they have
cause for uneasiness.
Henceforth each one of you must strive to overcome his resentment and to
lay aside his prejudices. You should know that the maintenance of
friendly relations with foreign countries has in all times been a
fundamental law. People coming to China from afar, whether as merchants
to exchange their products, or as travelers to increase their scientific
knowledge, or yet as missionaries to preach religion with the object of
exhorting the people to do good, have crossed mountains and seas at the
risk of great fatigue.
Since China passes for a civilized country, it should practice the duties
of a host toward its guests. Moreover, the Chinese who have gone abroad
in recent years number at least several hundreds of thousands. The
safety of their persons and property depends upon the guaranty assured
them by the Powers, who have given them their protection. How could we
continue to treat their citizens differently?
We again command all the responsible High civil and military Authorities
of all the provinces to order their subordinates to protect, in the most
efficacious manner, the agents and nationals of the foreign Powers who
may enter within their districts. In case daring malefactors should urge
to illtreat and massacre foreigners, order must be restored immediately
and the guilty parties arrested and punished without delay. No delay
should occur. If, owing to indifference, or rather of voluntary
tolerance, great calamities take place, or if treaties should be
violated and no immediate steps taken to make reparation or inflict
punishment, the Governors-general, Governors, and the provincial or ocal
Officials responsible will be removed and shall not be reappointed to
other offices in other provinces, or hope to be reinstated or receive
any further honors.
The present decree must be printed and published to warn the officials
and put an end to all shameful customs.
Respect this!
Correct copy:
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach
Annex No. 17.
Regulations for the improvement of the
course of the Whangpu.
- I.
- A River Conservancy Board is established at Shanghai for the
Whangpu river.
- II.
- The Board shall have the twofold duty of acting as agent for the
straightening and improvement of the river, and as controlling
agent.
- III.
- The jurisdiction of the Board shall extend from a line drawn from
the lower limit of the Kiang-nan Arsenal towards the mouth of
Arsenal Creek, to the red buoy in the Yangtze.
- IV.
- The Board shall consist of: (a) The Taotai;
(b) the Commissioner of Customs; (c) two members elected by the Consular Body;
(d) two members of the General Chamber of
Commerce of Shanghai, elected by the committee of the said Chamber;
(e) two members representing shipping
interests, elected by shipping companies, commercial firms, and the
merchants the total of whose entrances and clearances at Shanghai,
Woosung, and other ports on the Whangpu exceeds 50,000 tons per
annum; (f) a member of the municipal Council
of the International Settlement; (g) a member
of the municipal Council of the French Concession, and (h) a representative of each country the total
tonnage of whose ships entering and clearing at Shanghai and any
other port of the Whangpu exceeds two hundred thousand tons a
year.
- V.
- The ex officio members shall hold office as
long as they fill the position by virtue of which they sit on the
Board.
- VI.
- The representatives of the municipal Councils and of the Chamber
of Commerce shall be elected for a period of one year. They may be
immediately reelected.
- The term of office of the members to be designated by the
Governments (provided under paragraph h)
shall also be one year.
- The term of the other members is for three years. They may be
immediately reelected.
- VII.
- In case of a vacancy during a term, the successor of the outgoing
member shall be designated for one year or for three years,
according to the class to which he belongs.
- VIII.
- The Board shall elect its Chairman and Vice-Chairman from amongst
its members for a term of one year. If there is no majority at the
election of Chairman, the Senior Consul shall be requested to give a
casting vote.
- IX.
- In case of the absence of the Chairman the Vice-Chairman shall
take his place. If both of them are absent the members shall choose
amongst themselves a President for the occasion.
- X.
- In all meetings of the Board, if votes are equally divided, the
Chairman shall have a casting vote.
- XI.
- Four members form a quorum.
- XII.
- The Board shall appoint the officials and employees deemed
necessary for carrying out the works and enforcing its regulations;
it shall fix their salaries, wages, and gratuities, and shall pay
them out of the funds placed at its disposal, and it may make
regulations and take every measure necessary concerning its staff,
which it can dismiss at pleasure.
- XIII.
- The Board shall decide on the necessary steps for the regulation
of traffic, including the placing of moorings in the river and the
berthing of vessels within the limits indicated in Article III, and
on all water courses (such as the Soochow Creek and others) passing
through the French Concession or the International Settlement at
Shanghai and the foreign quarter at Woosung, as well as on all the
other creeks emptying into the river, for a distance of 2 English
miles above their mouths.
- XIV.
- The Board shall have power to expropriate the private moorings and
to establish a system of public moorings in the river.
- XV.
- The authorization of the Board shall be necessary to carry out
[Page 335]
any dredging, to build
bunds, to construct jetties, or to place pontoons and hulks in the
section of the river mentioned in Article XIII. The Board may, at
its discretion, refuse such authorization.
- XVI.
- The Board shall have full power to remove all obstacles in the
river, or the above-mentioned creeks, and to recover, if necessary,
the cost of so doing from those responsible.
- XVII.
- The Board shall have control of all floating lights, buoys,
beacons, landmarks, and light signals within the section of the
river and within the creeks mentioned in Article XIII, as well as
over such marks on the shore as may be necessary for the safe
navigation of the river, with the exception of light-houses, which
shall remain subject to Article XXXII of the treaty of 1858 between
Great Britain and China.
- XVIII.
- The improvement and conservancy works of the Whangpu shall be
entirely under the technical control of the Board, even should the
carrying out of them necessitate works beyond the limits of its
jurisdiction. In this case the necessary orders will be transmitted
by and the work will be done with the consent of the Chinese
authorities.
- XIX.
- The Board shall receive and disburse all the funds collected for
the works and take, in conjunction with the competent authorities,
all proper and efficacious measures to ensure the collection of the
taxes and the enforcement of the regulations.
- XX.
- The Board shall appoint the Harbour Master and his staff. This
department shall act, within the limits of the powers assigned to
the board, in the section of the river indicated in Article
XIII.
- XXI.
- The Board shall have authority to organize a police and watch
service to ensure the execution of its regulations and
orders.
- XXII.
- The Board shall have the direction and control of the Shanghai
(Lower Yangtze) pilot service. Licenses for pilots for ships bound
for Shanghai shall only be issued by the Board and at its
discretion.
- XXIII.
- In case of infractions of its regulations, the Board shall sue
offenders in the following way: Foreigners, before their respective
consuls or competent judicial authority; Chinese or foreigners whose
Governments are not represented in China, in the mixed Court, in the
presence of a foreign assessor.
- XXIV.
- All suits against the Board shall be brought before the Court of
Consuls at Shanghai. The Board shall be represented in suits by its
secretary.
- XXV.
- Members of the Board and persons employed by it shall not incur
any personal responsibility for the votes and acts of the Board, for
contracts made or expenses incurred by the said body, when the said
votes, acts, contracts, and expenses concern the carrying out or the
enforcement, under the authority or by order of the Board or of one
of its branches, of the regulations enacted by said body.
- XXVI.
- Besides the provisions mentioned in Article XIII o thef present
annex, the Board shall have power to enact, within the limits of its
competency, all necessary ordinances and regulations, and to fix
fines for the violation thereof.
- XXVII.
- The ordinances and regulations mentioned in Article XXVI shall be
submitted for the approbation of the Consular Body. If two months
after presenting the draft of the proposed ordinances and
regulations the Consular Body has made no objection or suggested no
modification, it shall be considered as approved and shall come into
force.
- XXVIII.
- The Board shall have power to acquire by purchase the lands
necessary for carrying out the works of improvement and conservancy
of the Whangpu and to dispose of them.
- If, for this purpose, it shall be deemed necessary to expropriate
land, the rules laid down in Article VI (a)
of “The Land Regulations for the Foreign Settlement of Shanghai
North of the Yang-king-pang” shall be followed. The price shall be
fixed by a Committee consisting of, first, a person chosen by the
authority to whose jurisdiction the owner is subject; second, one
chosen by the Board, and, third, one chosen by the Dean of the
Consular Corps.
- XXIX.
- Riparian owners shall have the refusal of all land made in front
of their properties by the reclamation carried out for the
improvement of the waterways in question. The purchase price of
these lands shall be fixed by a Committee composed in the same
manner as provided for in Article XXVIII.
- XXX.
- The revenues of the Board are to be derived from—
- (a)
- An annual tax of one-tenth of 1 per cent (0.1 per cent) on
the assessed value of all lands and houses in the French
Concession and the International Settlement.
- (b)
- A tax of equal amount on all property with water frontage
on the Whangpu, from a line drawn from the lower limit of
the Kiang-nan Arsenal toward the mouth of Arsenal Creek to
the place where the Whangpu empties into the Yangtze. The
assessed value of this property shall be fixed by the
Committee mentioned in Article XXVIII.
- (c)
- A tax of five candereens per ton on all ships of
non-Chinese type and of a tonnage superior to 150 tons
entering or leaving the port of Shanghai, Woosung, or any
other port on the Whangpu.
- Ships of non-Chinese type of 150 tons and under shall pay
a quarter of the above-mentioned tax. These taxes shall only
be leviable on each ship once every four months,
irrespective of the number of its entrances and
clearances.
- Foreign-built ships navigating the Yangtze and only
stopping at Woosung to take their river papers shall be
exempted from the taxes above mentioned, on condition that
on their way up or down they shall not carry on any
commercial transactions at Woosung. They shall, however, be
allowed to take on water and supplies at Woosung.
- (d)
- A tax of one-tenth of 1 per centum (0.1 per cent) on all
merchandise passing through the customs at Shanghai,
Woosung, or any other port on the Whangpu.
- (e)
- An annual contribution from the Chinese Government equal
to that supplied by the various foreign interests.
- XXXI.
- The collection of the taxes enumerated in Article XXX shall be
made through the medium of the following authorities:
- Tax a, by the respective
Municipalities.
- Tax b, to be collected from persons
under the jurisdiction of Governments represented in China
by their respective Consuls; the taxes to be collected from
Chinese or from persons whose Governments are not
represented in China by the Taotai.
- Taxes c and d, by the Imperial Maritime Customs.
- XXXII.
- Should the total annual revenues of the Board not be sufficient
for the payment of interest and the amortization of the capital to
be borrowed for carrying out the works, for keeping up the completed
works, and for the service in general, the Board shall have the
power to increase in the same proportion the various taxes on
shipping,
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on land and
houses, and on trade, to a figure sufficient to supply its
recognized needs. This eventual increase would apply in the same
proportion to the contribution of the Chinese Government mentioned
in paragraph e of Article XXX.
- XXXIII.
- The Board shall give notice to the Superintendent of Southern
Trade and to the Consular Body of the necessity for the increase
referred to in Article XXXII. Such increase shall only come into
force after its approval by the Consular Body at Shanghai.
- XXXIV.
- The Board shall submit to the Superintendent of Southern Trade and
to the Consular Body at Shanghai, within six months after the
closing of each financial year, its annual accounts, accompanied by
a detailed report on the general management and the receipts and
expenditures during the preceding twelve months. This report shall
be published.
- XXXV.
- If the exact and published accounts of receipts and expenditures
show a balance of receipts over expenses, the taxes mentioned in
Article XXX shall be proportionately reduced by the Board and the
Consular Body at Shanghai acting conjointly. The eventual reduction
shall apply in the same proportion to the contribution of the
Chinese Government referred to in paragraph e
of Article XXX.
- XXXVI.
- At the expiration of the first term of three years the signatories
shall examine conjointly whether the provisions contained in the
present annex require revision. A new revision can take place every
three years under the same conditions.
- XXXVII.
- The regulations of the Board within the limits provided for in
Article XIII, and subject to the approbation of the Consular Body at
Shanghai, shall be binding on all foreigners.
Done at
Peking
September 7th,
1901.
Correct copy.
- A. d’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 18.
IMPERIAL EDICT of the 24th July,
1901 (Translation).
The 9th day of the 6th moon the Grand Chancellery received the following
Edict:
“The creation of offices and the determination of their duties has until
now been regulated by the requirements of the times. Now, at the present
time, when a new treaty of peace is concluded, international affairs
take the first place among important business, and it is more than ever
necessary to have recourse to competent men to devote themselves to all
that relates to establishing friendly relations and confidence in
speech.
“The Office of Foreign Affairs, formerly created to treat international
questions, has been in existence, it is true, for years, but, in view of
the Princes and Ministers composing it only discharging for the most
part their functions accessorily with others, they could not devote
themselves to them exclusively. It is naturally, therefore,
[Page 338]
proper to create special
functions, so that each one may have his particular attributions.
“We command, in consequence, that the Office of Foreign Affairs (Tsung-li
ko kuo shih-wu ya-men) be changed into a Ministry of Foreign Affairs
(Wai-wu Pu) and take rank before the six Ministries. And we designate
Yi-K’uang, Prince Ch’ing of the first
rank, as President of the Ministry of Foreign Affairs.
“Wang Wen-shao, Grand Secretary of State of the
Ti-jen Ko, is appointed Assistant-President of the Ministry of Foreign
Affairs. Ch’u Hung-chi, President of the Board
of Works, is transferred with the same rank to the Ministry of Foreign
Affairs, in which he is appointed Assistant-President. Hsü Shou-p’eng, Director of the Imperial Stud,
and Lien-fang, Expectant Metropolitan
Subdirector of the third or fourth rank, are appointed first and second
Directors (or Assistant Secretaries).
“As regards the fixing of the personnel, the rules to be followed in its
choice, the salaries to be given the Ministers, Directors, and other
Agents, We command the Councilors of State to come to an agreement with
the Board of Civil Office and to promptly submit to Us their conclusions
in a report.
“Respect this.”
Correct copy.
- A. D’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.
Annex No. 19.
MEMORANDUM on the ceremonial to be
followed in solemn audiences.
1°. Solemn audiences to be given by His Majesty the Emperor of China to
the Diplomatic Body or to Representatives of the Powers separately shall
take place in the palace hall called “Ch’ien-ch’ing Kung.”
2°. In going to or coming back from these solemn audiences the
Representatives of the Powers shall be carried in their sedan chairs as
far as outside of the Ching-yun gate. At the Ching-yun gate they will
get out of the sedan chair in which they have come and will be carried
in a little chair (i chiao) as far as the foot of the steps of the
Ch’ien-ch’ing gate.
On arriving at the Ch’ien-ch’ing gate the Representatives of the Powers
shall get out of their chairs, and shall proceed on foot into the
presence of His Majesty in the Ch’ien-ch’ing Kung hall.
When departing the Representatives of the Powers shall return to their
residences in the same manner as that in which they arrived.
3°. When a Representative of a Power shall have occasion to present to
His Majesty the Emperor his letters of credence or a communication from
the Head of the State by whom he is accredited, the Emperor shall cause
to be sent to the residence of said Representative, to bear him to the
Palace, a sedan chair with yellow trimmings and tassels, such as are
used by the Princes of the Imperial family. The said Representative
shall be taken back to his residence in the same manner. An escort of
troops shall likewise be sent to the residence of said Representative to
accompany him going and returning.
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4°. When presenting his letters of credence or communication from the
Head of the State by whom he is accredited, the Diplomatic Agent, while
bearing said letters or communications, shall pass by the central
openings of the Palace doors until he has arrived in the presence of His
Majesty. On returning from these audiences he will comply, as regards
the doors by which he may have to pass, with the usages already
established at the Court of Peking for audiences given to Foreign
Representatives.
5°. The Emperor shall receive directly into his hands the letters and
communications above mentioned which the Foreign Representatives may
have to hand to him.
6°. If His Majesty should decide upon inviting to a banquet the
Representatives of the Powers it is well understood that this banquet
shall be given in one of the halls of the Imperial Palace and that His
Majesty shall be present in person.
7°. In brief, the ceremonial adopted by China as regards Foreign
Representatives shall, in no case, be different from that which results
from perfect equality between the Countries concerned and China, and
without any loss of prestige on one side or the other.
Correct copy.
- A. D’Anthouard.
- B. Kroupensky.
- Reginald Tower.
- G. Bohlen-Halbach.